105 Iowa L. Rev. 2393 (2020)

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Abstract

Over the past several years there has been a growing movement aimed at guaranteeing consumers the right to repair their products themselves after purchasing them, as opposed to paying original equipment manufacturers to repair the devices. Advocacy groups have successfully convinced state legislators to introduce these “Right to Repair” bills around the country, however none have successfully been enacted as law. These bills have been met with a mix of apathy from legislators and staunch resistance from corporations who have a vested interest in limiting the availability of repair options. Although there have been recent exemptions added to the Digital Millennium Copyright Act, the existing framework of copyright law and enforcement in the United States is insufficient to protect consumers’ right to do what they will with their products. Through End User License Agreements and other contracts, companies are effectively able to limit the right to repair via contract even if there were to be a drastic overhaul of our current copyright system. This Note argues that Congress should adopt legislation requiring companies to facilitate the repair process and should incorporate a “degree of reparability” requirement in the legislation to ensure the ability to repair remains an option for most consumers.